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(영문) 대전지방법원 천안지원 2019.09.19 2019고단1653
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The Defendant received a summary order of KRW 4 million for a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) on August 12, 2010, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) on September 1, 2014.

【Criminal Facts】

On May 26, 2019, the Defendant was under the influence of alcohol at around 0.176% of blood alcohol concentration on May 15, 2019, and was driving a B-to-purd vehicle at approximately 800 meters away from the front day of the center for senior citizens in the Yancheon-gu Seoul Metropolitan City, Yancheon-gu, Incheon Metropolitan City to the road near the Do funeral distance.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A copy of the usage register of measuring instruments for drinking;

1. Previous convictions in judgment: Criminal records, reply reports (A), investigation reports (reports on confirmation of the same criminal records), and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Taking into account the following circumstances: (a) although probation and an order to attend a training twice the punishment under Article 62-2 of the Criminal Act was imposed on two occasions due to drinking alcohol and causing a traffic accident; (b) blood alcohol level (0.176%) high; (c) human damage was not occurred; and (d) personal damage was not occurred even after recovering physical damage; (b) the victim agreed to move back to and from the six-lane road; (c) the risk of a large-scale chain accident was likely to occur while driving ahead of the six-lane road; and (d) there was no criminal punishment other than the above fines.

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